These measures include the sport fishery allocations
NMFS proposes to approve and implement changes to the Pacific Halibut Catch Sharing Plan (Plan) for the International Pacific Halibut Commission's (IPHC or Commission) regulatory area off Washington, Oregon, and California (Area 2A). NMFS proposes to implement the portions of the Plan and management measures that are not implemented through the IPHC. These measures include the sport fishery allocations and management measures for Area 2A. These actions are intended to enhance the conservation of Pacific halibut, provide greater angler opportunity where available, and protect overfished groundfish species from being incidentally caught in the halibut fisheries.
Comments on the proposed changes to the Plan and on the proposed domestic Area 2A halibut management measures must be received on February 26, 2013.
ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2013-0015, by any of the following methods:
Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0015, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to William Stelle, Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070.
Fax: 206-526-6736; Attn: Sarah Williams.
Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Sarah Williams, phone: 206-526-4646, fax: 206-526-6736, or email: sarah.williams@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This rule is accessible via the Internet at the Office of the
Federal Register Web site at http://www.access.gpo.gov/su_docs/aces/aces140.html. Background information and documents are available at the
NMFS Northwest Region Web site at http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/index.cfm and at the Council's
Web site at http://www.pcouncil.org.
Background
The Northern Pacific Halibut Act (Halibut Act) of 1982, 16 U.S.C.
773-773K, gives the Secretary of Commerce (Secretary) general
responsibility for implementing the provisions of the Halibut
Convention between the United States and Canada (Halibut Convention)
(16 U.S.C. 773c). It requires the Secretary to adopt regulations as may
be necessary to carry out the purposes and objectives of the Halibut
Convention and the Halibut Act. Section 773c of the Halibut Act also
authorizes the regional fishery management councils to develop
regulations in addition to, but not in conflict with, regulations of
the IPHC to govern the Pacific halibut catch in their corresponding
U.S. Convention waters. Each year between 1988 and 1995, the Pacific
Fishery Management Council (Council) developed a catch sharing plan in
accordance with the Halibut Act to allocate the total allowable catch
(TAC) of Pacific halibut between treaty Indian and non-treaty
harvesters and among non-treaty commercial and sport fisheries in Area
2A.
In 1995, NMFS implemented the long-term Plan recommended by the
Pacific Council (60 FR 14651, March 20, 1995, as amended by 61 FR
35548). In each of the intervening years between 1995 and the present,
minor revisions to the Plan have been made to adjust for the changing
needs of the fisheries, in accordance with 50 CFR 300.62. These
revisions are not codified. The Plan allocates 35 percent of the Area
2A Pacific halibut TAC to Washington treaty Indian tribes in Subarea
2A-1, and 65 percent of the Area 2A TAC to non-tribal fisheries.
The TAC allocation to non-tribal fisheries is divided into three
shares, with the Washington sport fishery (north of the Columbia River)
receiving 36.6 percent, the Oregon/California sport fishery receiving
31.7 percent, and the commercial fishery receiving 31.7 percent. The
commercial fishery is further divided into a directed commercial
fishery that is allocated 85 percent of the commercial allocation of
Pacific halibut TAC, and an incidental catch in the salmon troll
fishery that is allocated 15 percent of the commercial allocation. The
directed commercial fishery in Area 2A is confined to southern
Washington (south of 46[deg]53.30' N. lat.), Oregon, and California.
North of 46[deg]53.30' N. lat. (Pt. Chehalis), the Plan allows for
incidental halibut retention in the sablefish primary fishery when the
overall Area 2A TAC is above 900,000 lb (408.2 mt). The Plan also
divides the sport fisheries into six geographic subareas, each with
separate allocations, seasons, and bag limits.
This proposed rule describes catch limit information presented at
the
IPHC's annual meeting which occurred January 21-25, 2013, in Victoria,
BC. The IPHC has set the 2013 Area 2A TAC at 990,000 pounds.
Incidental Halibut Retention in the Sablefish Primary Fishery North of
Pt. Chehalis, WA
The Plan provides that incidental halibut retention in the
sablefish primary fishery north of Pt. Chehalis, Washington, will be
allowed when the Area 2A TAC is greater than 900,000 lb (408.2 mt),
provided that a minimum of 10,000 lb (4.5 mt) is available above a
Washington recreational TAC of 214,100 lb (97.1 mt). In 2013, the TAC
is 990,000 lb (449 mt); therefore incidental halibut retention will be
allowed in this fishery. The Council will recommend landing
restrictions for public review at its March 2013 meeting and make final
recommendations at its April 2013 meeting. Following this meeting NMFS
will publish the restrictions in the Federal Register.
Through this proposed rule, NMFS requests public comments on the
Pacific Council's recommended modifications to the Plan and the
resulting proposed domestic fishing regulations by February 26, 2013.
The States of Washington and Oregon will conduct public workshops
shortly to obtain input on the sport season dates. Following the
proposed rule comment period NMFS will review public comments and
comments from the states, and issue a final rule for Areas 2A, 2C, 3A,
3B, 4A, 4B, 4C, 4D, and 4E. This final rule will also contain the IPHC
regulations for the 2013 Pacific halibut fisheries. This proposed rule
provides for a 15-day public comment period, which will allow NMFS time
to incorporate the final U.S. domestic regulations into the IPHC
regulations in order to have the combined regulations in place as close
to March 1 as possible. The regulations need to be in effect in early
March because the fishing season begins in mid-March. The 2013
commercial season starting date(s) need to be published soon after the
IPHC meeting in January 2013 to notify the public of that date so the
industry can plan for the season.
Publishing the IPHC regulations in the same Federal Register notice
with the final domestic regulations for Washington, Oregon, and
California is in the best interest of the public because it results in
the occurrence of all the halibut regulations in one Federal Register
notice. Therefore fishery participants only have to reference one
document for all Pacific halibut regulations applicable to the Area 2A
fishery; both the IPHC regulations and domestic regulations. Combining
these regulations also eliminates errors that may occur from trying to
separate the halibut regulations into two different rules.
Proposed Changes to the Plan
Each year, the Washington Department of Fish and Wildlife (WDFW),
Oregon Department of Fish and Wildlife (ODFW), California Department of
Fish and Game (CDFG), and the tribes with treaty fishing rights for
halibut consider whether changes to the Plan are needed or desired by
their fishery participants. In 2012, fishery managers from WDFW and
ODFW held public meetings before both the September and November
Pacific Council meetings to get public input on revisions to the Plan.
At the September 2012 Pacific Council meeting, WDFW, ODFW, and CDFG
recommended changes to the Plan, while NMFS and the tribes did not
recommend any changes to the Plan for the 2013 fishing season.
Following the meeting, WDFW and ODFW again reviewed their proposals
with the public and drafted their recommended revisions for review and
recommendation by the Pacific Council.
At its November 2-7, 2012, meeting the Pacific Council considered
the results of state-sponsored workshops on the proposed changes to the
Plan, and made its final recommendations for modifications to the Plan.
The following are the Council's proposed changes to the Plan:
1. In the Plan, sections (e)(1) and (e)(1)(iii), incidental halibut
catch in the salmon troll fishery, adjust the months for the incidental
take fishery from May-June to April-June. The goal of this change is to
allow salmon fishers access to the incidental halibut allocation
earlier in the year.
2. In the Plan, section (f)(1)(iv) Columbia River subarea, adjust
the spring season schedule from Thursday-Saturdays to Fridays-Sundays
and replace the automatic regulatory closure for the spring fishery
with a closure that would occur upon reaching 80 percent of the subarea
allocation. The goal of the days of the week change is to allow better
access to the spring fishery and to make the spring and summer season
open days consistent. The goal of removing the regulatory closure is to
allow the spring fishery to stay open longer in the spring, when effort
is generally higher. The summer season has often underutilized the
allocation, therefore allowing the spring fishery to stay open longer
is designed to better utilize the allocation for the whole subarea.
Since 2008 the summer fishery has harvested less than 20 percent of the
subarea quota even though the allocation was 30 percent, leaving a
portion of the allocation unharvested that could be harvested in the
spring since the summer fishery occurs after the spring fishery.
3. In the Plan, section (f)(1)(v), Oregon Central Coast subarea,
several changes are proposed. This subarea consists of three fisheries,
nearshore, spring and, summer. Changes are proposed to all three
fisheries. The goal is to better align the allocations for the
nearshore and spring fisheries with recent increasing effort. The
proposed modifications to each fishery's allocation changes the
allocations from fixed percentages to percentages that depend on the 2A
TAC. This change is proposed to maximize the number of days the entire
subarea can be open. The effort in the nearshore fishery has increased
in recent years, requiring the fishery to close early. Eliminating the
summer fishery and increasing the nearshore and spring allocations will
allow more fishing days overall. The elimination of the summer fishery
when the Area 2A TAC is below 700,000 lbs is necessary because if the
TAC is at that level, the resulting summer fishery allocation is not
enough to allow one day of fishing.
a. For the nearshore fishery, adjust the open days from daily to 3
days per week Thursday -Saturday and adjust the allocation to this
fishery from 12 percent of the subarea quota to 12 percent of the
subarea quota if the 2A TAC is above 700,000 lbs or greater and 25
percent of the subarea quota if the 2A TAC is less than 700,000 lbs.
b. For the spring fishery, adjust the allocation from 63 percent of
the subarea allocation to 63 percent of the subarea quota if the 2A TAC
is above 700,000 lbs or greater and 75 percent of the subarea quota if
the 2A TAC is less than 700,000 lbs. Also, adjust the closure date for
this fishery if the TAC is less than 700,000 lbs from July 31st to
October 31st or attainment of the fishery allocation.
c. For the summer fishery, adjust the allocation from 25 percent of
the subarea allocation to 25 percent of the subarea quota if the 2A TAC
is above 700,000 lbs or greater and 0 percent of the subarea quota if
the 2A TAC is less than 700,000 lbs. This closes the summer fishery if
the TAC is less than 700,000 lbs.
NMFS proposes to approve the Pacific Council recommendations and to
implement the changes described above. A version of the Plan including
these changes can be found at http://www.nwr.noaa.gov/Groundfish-Halibut/Pacific-Halibut/Index.cfm.
Proposed 2013 Sport Fishery Management Measures
In this rulemaking, NMFS also proposes sport fishery management
measures that are necessary to implement the Plan in 2013. The annual
domestic management measures are published each year through a final
rule in combination with the IPHC regulations, as discussed above. For
the 2012 fishing season the final rule was published on March 22, 2012
(77 FR 16740), and the following section numbers refer to sections
within that final rule. The final 2013 TAC for Area 2A has been
determined by the IPHC in the amount of 990,000 lbsWhere season dates
are not indicated, those dates will be provided in the final rule,
following consideration of the 2013 TAC and consultation with the
states and the public.
In Section 8 of the annual domestic management measures, ``Fishing
Periods,'' paragraphs (2) and (3) are proposed to read as follows and
paragraph (6) is added to read as follows:
(1) * * *
(2) Each fishing period in the Area 2A directed fishery shall begin
at 0800 hours and terminate at 1800 hours local time on (insert season
dates) unless the Commission specifies otherwise.
(3) Notwithstanding paragraph (2), and paragraph (7) of section 11,
an incidental catch fishery is authorized during salmon troll seasons
in Area 2A in accordance with regulations promulgated by NMFS. This
fishery will occur between 1200 hours local time on (insert date) and
1200 hours local time on (insert season date).
(4) * * *
(5) * * *
(6) Notwithstanding paragraph (7) of section 11, an incidental
catch fishery is authorized during the sablefish primary fishery in
Area 2A in accordance with regulations promulgated by NMFS.
In section 26 of the annual domestic management measures, ``Sport
Fishing for Halibut,'' paragraph 1(a)-(b) will be updated with 2012
total allowable catch limits in the final rule. In section 26 of the
annual domestic management measures, ``Sport Fishing for Halibut''
paragraph (8) is proposed to read as follows:
(8) * * *
(a) The area in Puget Sound and the U.S. waters in the Strait of
Juan de Fuca, east of a line extending from 48[deg]17.30' N. lat.,
124[deg]23.70' W. long. north to 48[deg]24.10' N. lat., 124[deg]23.70'
W. long., is not managed in-season relative to its quota. This area is
managed by setting a season that is projected to result in a catch of
57,393 lbs (26 mt).
(i) The fishing season in eastern Puget Sound (east of
123[deg]49.50' W. long., Low Point) is (insert season dates), and the
fishing season in western Puget Sound (west of 123[deg]49.50' W. long.,
Low Point) is (insert season dates), 5 days a week (Thursday through
Monday).
(ii) The daily bag limit is one halibut of any size per day per
person.
(b) The quota for landings into ports in the area off the north
Washington coast, west of the line described in paragraph (2)(a) of
section 26 and north of the Queets River (47[deg]31.70' N. lat.), is
(See Table 1 for range).
(i) The fishing seasons are:
(A) Commencing on May 9 and continuing 2 days a week (Thursday and
Saturday) until 108,030 lbs (49 mt) are estimated to have been taken
and the season is closed by the Commission or until May 25.
(B) If sufficient quota remains the fishery will reopen on June 6
in the entire north coast subarea, continuing 2 days per week (Thursday
and Saturday) until there is not sufficient quota for another full day
of fishing and the area is closed by the Commission. When there is
insufficient quota remaining to reopen the entire north coast subarea
for another day, then the nearshore areas described below will reopen
for 2 days per week (Thursday and Saturday), until the overall quota of
108,030 lbs (49 mt) is estimated to have been taken and the area is
closed by the Commission, or until September 30, whichever is earlier.
After May 25, any fishery opening will be announced on the NMFS hotline
at 800-662-9825. No halibut fishing will be allowed after May 25 unless
the date is announced on the NMFS hotline. The nearshore areas for
Washington's North Coast fishery are defined as follows:
(1) WDFW Marine Catch Area 4B, which is all waters west of the
Sekiu River mouth, as defined by a line extending from 48[deg]17.30' N.
lat., 124[deg]23.70' W. long. north to 48[deg]24.10' N. lat.,
124[deg]23.70' W. long., to the Bonilla-Tatoosh line, as defined by a
line connecting the light on Tatoosh Island, WA, with the light on
Bonilla Point on Vancouver Island, British Columbia (at 48[deg]35.73'
N. lat., 124[deg]43.00' W. long.) south of the International Boundary
between the U.S. and Canada (at 48[deg]29.62' N. lat., 124[deg]43.55'
W. long.), and north of the point where that line intersects with the
boundary of the U.S. territorial sea.
(2) Shoreward of the recreational halibut 30-fm boundary line, a
modified line approximating the 30-fm depth contour from the Bonilla-
Tatoosh line south to the Queets River. The 30-fm depth contour is
defined in groundfish regulations at 50 CFR 660.71(e).
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Recreational fishing for groundfish and halibut is prohibited
within the North Coast Recreational Yelloweye Rockfish Conservation
Area (YRCA). It is unlawful for recreational fishing vessels to take
and retain, possess, or land halibut taken with recreational gear
within the North Coast Recreational YRCA. A vessel fishing in the North
Coast Recreational YRCA may not be in possession of any halibut.
Recreational vessels may transit through the North Coast Recreational
YRCA with or without halibut on board. The North Coast Recreational
YRCA is a C-shaped area off the northern Washington coast intended to
protect yelloweye rockfish. The North Coast Recreational YRCA is
defined in groundfish regulations at Sec. 660.70(a).
(c) The quota for landings into ports in the area between the
Queets River, WA (47[deg]31.70' N. lat.) and Leadbetter Point, WA
(46[deg]38.17' N. lat.), is 42,739 lbs (19.3 mt).
(i) This subarea is divided between the all-waters fishery (the
Washington South coast primary fishery), and the incidental nearshore
fishery in the area from 47[deg]31.70' N. lat. south to 46[deg]58.00'
N. lat. and east of a boundary line approximating the 30 fm depth
contour. This area is defined by straight lines connecting all of the
following points in the order stated as described by the following
coordinates (the Washington South coast, northern nearshore area):
(1) 47[deg]31.70' N. lat, 124[deg]37.03' W. long;
(2) 47[deg]25.67' N. lat, 124[deg]34.79' W. long;
(3) 47[deg]12.82' N. lat, 124[deg]29.12' W. long;
(4) 46[deg]58.00' N. lat, 124[deg]24.24' W. long.
The south coast subarea quota will be allocated as follows: 40,739
lbs (18.4 mt) for the primary fishery and 2,000 lb (0.9 mt) for the
nearshore fishery. The primary fishery commences on May 5 and continues
2 days a week (Sunday and Tuesday) until May 21. If the primary quota
is projected to be obtained sooner than expected the management closure
may occur earlier. Beginning on June 2 the primary fishery will be open
2 days per week (Sunday and/or Tuesday) until the quota for the south
coast subarea primary fishery is taken and the season is closed by the
Commission, or until September 30, whichever is earlier. The fishing
season in the nearshore area commences on May 5 and continues seven
days per week. Subsequent to closure of the
[[Page 9663]]
primary fishery the nearshore fishery is open seven days per week,
until 42,739 lbs (19.3 mt) is projected to be taken by the two
fisheries combined and the fishery is closed by the Commission or
September 30, whichever is earlier. If the fishery is closed prior to
September 30, and there is insufficient quota remaining to reopen the
northern nearshore area for another fishing day, then any remaining
quota may be transferred in-season to another Washington coastal
subarea by NMFS via an update to the recreational halibut hotline.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Seaward of the boundary line approximating the 30-fm depth
contour and during days open to the primary fishery, lingcod may be
taken, retained and possessed when allowed by groundfish regulations at
50 CFR 660.360, Subpart G.
(iv) Recreational fishing for groundfish and halibut is prohibited
within the South Coast Recreational YRCA and Westport Offshore YRCA. It
is unlawful for recreational fishing vessels to take and retain,
possess, or land halibut taken with recreational gear within the South
Coast Recreational YRCA and Westport Offshore YRCA. A vessel fishing in
the South Coast Recreational YRCA and/or Westport Offshore YRCA may not
be in possession of any halibut. Recreational vessels may transit
through the South Coast Recreational YRCA and Westport Offshore YRCA
with or without halibut on board. The South Coast Recreational YRCA and
Westport Offshore YRCA are areas off the southern Washington coast
established to protect yelloweye rockfish. The South Coast Recreational
YRCA is defined at 50 CFR 660.70(d). The Westport Offshore YRCA is
defined at 50 CFR 660.70(e).
(d) The quota for landings into ports in the area between
Leadbetter Point, WA (46[deg]38.17' N. lat.) and Cape Falcon, OR
(45[deg]46.00' N. lat.), is 11,895 lbs (5.39 mt).
(i) The fishing season commences on May 3, and continues 3 days a
week (Friday through Sunday) until 9,516 lbs (4.3 mt) are estimated to
have been taken and the season is closed by the Commission or until
11,895 lbs (5.39 mt) has been taken and the season is closed by the
Commission, or until September 30, whichever is earlier. Subsequent to
this closure, if there is insufficient quota remaining in the Columbia
River subarea for another fishing day, then any remaining quota may be
transferred in-season to another Washington and/or Oregon subarea by
NMFS via an update to the recreational halibut hotline. Any remaining
quota would be transferred to each state in proportion to its
contribution.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Pacific Coast groundfish may not be taken and retained,
possessed or landed, except sablefish and Pacific cod when allowed by
Pacific Coast groundfish regulations, when halibut are on board the
vessel.
(e) The quota for landings into ports in the area off Oregon
between Cape Falcon (45[deg]46.00' N. lat.) and Humbug Mountain
(42[deg]40.50' N. lat.), is 191,979 lbs (87.8 mt).
(i) The fishing seasons are:
(A) The first season (the ``inside 40-fm'' fishery) commences May 2
and continues 3 days a week (Thursday through Saturday) through October
31, in the area shoreward of a boundary line approximating the 40-fm
(73-m) depth contour, or until the sub-quota for the central Oregon
``inside 40-fm'' fishery 23,038 lbs (10.4 mt) or any in-season revised
subquota is estimated to have been taken and the season is closed by
the Commission, whichever is earlier. The boundary line approximating
the 40-fm (73-m) depth contour between 45[deg]46.00' N. lat. and
42[deg]40.50' N. lat. is defined at Sec. 660.71(k).
(B) The second season (spring season), which is for the ``all-
depth'' fishery, is open from May 9, 2013, to (insert dates). The
projected catch for this season is 120,947 lbs (54.8 mt). If sufficient
unharvested catch remains for additional fishing days, the season will
re-open. Depending on the amount of unharvested catch available, the
potential season re-opening dates will be: (insert dates no later than
July 31). If NMFS decides in-season to allow fishing on any of these
re-opening dates, notice of the re-opening will be announced on the
NMFS hotline (206) 526-6667 or (800) 662-9825. No halibut fishing will
be allowed on the re-opening dates unless the date is announced on the
NMFS hotline.
(C) If sufficient unharvested catch remains, the third season
(summer season), which is for the ``all-depth'' fishery, will be open
from August 2, 2013 to (insert dates) or until the combined spring
season and summer season quotas in the area between Cape Falcon and
Humbug Mountain, OR, totaling 191,979 lbs (87.8 mt), are estimated to
have been taken and the area is closed by the Commission, or October
31, whichever is earlier. NMFS will announce on the NMFS hotline in
July whether the fishery will re-open for the summer season in August.
No halibut fishing will be allowed in the summer season fishery unless
the dates are announced on the NMFS hotline. Additional fishing days
may be opened if sufficient quota remains after the last day of the
first scheduled open period (insert date following establishment of
season dates). If, after this date, an amount greater than or equal to
60,000 lb (27.2 mt) remains in the combined all-depth and inside 40-fm
(73-m) quota, the fishery may re-open every Friday and Saturday,
beginning (insert dates of next possible open period as established
preseason), and ending October 31. If after September 2, an amount
greater than or equal to 30,000 lb (13.6 mt) remains in the combined
all-depth and inside 40-fm (73-m) quota, and the fishery is not already
open every Friday and Saturday, the fishery may re-open every Friday
and Saturday, beginning September 6 and 7, and ending October 31. After
September 2, the bag limit may be increased to two fish of any size per
person, per day. NMFS will announce on the NMFS hotline whether the
summer all-depth fishery will be open on such additional fishing days,
what days the fishery will be open and what the bag limit is.
(ii) The daily bag limit is one halibut of any size per day per
person, unless otherwise specified. NMFS will announce on the NMFS
hotline any bag limit changes.
(iii) During days open to all-depth halibut fishing, no Pacific
Coast groundfish may be taken and retained, possessed or landed, except
sablefish and Pacific cod, when allowed by Pacific Coast groundfish
regulations, if halibut are on board the vessel.
(iv) When the all-depth halibut fishery is closed and halibut
fishing is permitted only shoreward of a boundary line approximating
the 40-fm (73-m) depth contour, halibut possession and retention by
vessels operating seaward of a boundary line approximating the 40-fm
(73-m) depth contour is prohibited.
(v) Recreational fishing for groundfish and halibut is prohibited
within the Stonewall Bank YRCA. It is unlawful for recreational fishing
vessels to take and retain, possess, or land halibut taken with
recreational gear within the Stonewall Bank YRCA. A vessel fishing in
the Stonewall Bank YRCA may not possess any halibut. Recreational
vessels may transit through the Stonewall Bank YRCA with or without
halibut on board. The Stonewall Bank YRCA is an area off central
Oregon, near Stonewall Bank, intended to protect yelloweye rockfish.
The Stonewall Bank YRCA is defined at Sec. 660.70(f).
(f) The area south of Humbug Mountain, Oregon (42[deg]40.50' N.
lat.) and off the California coast is not managed
[[Page 9664]]
in-season relative to its quota. This area is managed on a season that
is projected to result in a catch of 6,063 lbs (2.75 mt).
(i) The fishing season will commence on May 1 and continue 7 days a
week until October 31.
(ii) The daily bag limit is one halibut of any size per day per
person.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council, the
North Pacific Fishery Management Council (Council), and the Secretary
of Commerce. Section 5 of the Northern Pacific Halibut Act of 1982
(Halibut Act, 16 U.S.C. 773c) provides the Secretary of Commerce with
the general responsibility to carry out the Convention between Canada
and the United States for the management of Pacific halibut, including
the authority to adopt regulations as may be necessary to carry out the
purposes and objectives of the Convention and Halibut Act. This
proposed rule is consistent with the Secretary of Commerce's authority
under the Halibut Act.
This action has been determined to be not significant for purposes
of Executive Order 12866.
NMFS has prepared an RIR/IRFA on the proposed changes to the Plan
and the annual domestic Area 2A halibut management measures. Copies of
these documents are available from NMFS (see ADDRESSES). NMFS prepared
an IRFA that describes the economic impact this proposed rule, if
adopted, would have on small entities. A description of the action, why
it is being considered, and the legal basis for this action are
contained at the beginning of this section in the preamble and in the
SUMMARY section of the preamble. The IRFA is available from NMFS (see
ADDRESSES). A summary of the IRFA follows:
A fish-harvesting business is considered a ``small'' business by
the Small Business Administration (SBA) if it has annual receipts not
in excess of $4.0 million. For related fish-processing businesses, a
small business is one that employs 500 or fewer persons. For wholesale
businesses, a small business is one that employs not more than 100
people. For marinas and charter/party boats, a small business is one
with annual receipts not in excess of $6.5 million. All of the
businesses that would be affected by this action are considered small
businesses under Small Business Administration guidance.
In 2012, 604 vessels were issued IPHC licenses to retain halibut.
IPHC issues licenses for: the directed commercial fishery in Area 2A
(147 licenses in 2012); incidental halibut caught in the salmon troll
fishery (316 licenses in 2012); and the charterboat fleet (141 licenses
in 2012). No vessel may participate in more than one of these three
fisheries per year. However, only 227 of the commercial licensed
vessels landed halibut in 2012 according to PacFIN. A similar situation
may occur for charterboat vessels. The number of charter boats in
Northern California, Oregon, and Washington that were involved in
groundfish trips including halibut during 2010 was 161. Of these, 89
vessels fished in either the Columbia River or Central Oregon
fisheries. This suggests that 60 percent of the IPHC charterboat
license holders may be affected by these regulations.
The IRFA analyzed the impacts of the changes to the Plan and
regulations. The following are the Council's proposed changes to the
Plan::
1. In the Plan, sections (e)(1)and (e)(1)(iii), incidental halibut
catch in the salmon troll fishery, adjust the months for the incidental
take fishery from May-June to April-June. The goals of these changes
are to allow salmon fishers access to the incidental halibut allocation
earlier in the year.
2. In the Plan, section (f)(1)(iv) Columbia River subarea, adjust
the spring season schedule from Thursday-Saturdays to Fridays-Sundays
and remove the automatic regulatory closure for the spring fishery. The
goal of the days of the week change is to allow better access to the
spring fishery and to make the spring and summer season open days
consistent. The goal of removing the regulatory closure is to allow the
spring fishery to stay open longer when effort is higher. The summer
season has often underutilized the allocation, therefore allowing the
spring fishery to stay open longer is designed to better utilize the
allocation for the whole subarea. Since 2008 the summer fishery has
harvested less than 20 percent of the subarea quota even though the
allocation was 30 percent, leaving a portion of the allocation
unharvested that could be harvested in the spring since the summer
fishery occurs after the spring fishery.
3. In the Plan, section (f)(1)(v), Oregon Central Coast subarea,
several changes are proposed. This subarea consists of three fisheries,
nearshore, spring and, summer. Changes are proposed to all three
fisheries. The goal is to better align the allocations for the
nearshore and spring fisheries with recent increasing effort. The
proposed changes to each fisheries allocation changes the allocations
from fixed percentages to amounts based on the 2A TAC. This change is
proposed to maximize the number of days the entire subarea can be open.
The effort in the nearshore fishery has increased in recent years
requiring the fishery to close early. Therefore eliminating the summer
fishery and increasing the nearshore and spring allocations will allow
more fishing days overall. The elimination of the summer fishery below
700,000 lbs is necessary because if the 2A TAC is at that level the
resulting summer fishery allocation is not enough to allow one day of
fishing.
a. For the nearshore fishery, adjust the open days from daily to 3
days per week Thursday-Saturday and adjust the allocation to this
fishery from 12 percent of the subarea quota to 12 percent of the
subarea quota if the 2A TAC is above 700,000 lbs or greater and 25
percent of the subarea quota if the 2A TAC is less than 700,000 lbs.
b. For the spring fishery, adjust the allocation from 63 percent of
the subarea allocation to 63 percent of the subarea quota if the 2A TAC
is above 700,000 lbs or greater and 75 percent of the subarea quota if
the 2A TAC is less than 700,000 lbs. Also, adjust the closure date for
this fishery if the TAC is less than 700,000 lbs from July 31st to
October 31st or attainment of the fishery allocation.
c. For the summer fishery, adjust the allocation from 25 percent of
the subarea allocation to 25 percent of the subarea quota if the 2A TAC
is above 700,000 lbs or greater and 0 percent of the subarea quota if
the 2A TAC is less than 700,000 lbs. This closes the summer fishery if
the TAC is less than 700,000 lbs.
As mentioned in the preamble, WDFW and ODFW held public meetings
and crafted alternative changes to the Plan to adjust management of the
sport halibut fisheries in their states to maximize angler
participation given the TAC. The states then narrowed the alternatives
under consideration and brought the resulting subset of alternatives to
the Council at the Council's September and November 2012 meetings. The
range of alternatives that were rejected includes alternate fishery
structures, such as opening the sport fisheries on different days of
the week than the final preferred alternative. Generally, by the time
the alternatives reach the Council, because they have been through the
state public review process, there is not a large number of
alternatives. Rather, the range of alternatives has generally been
reduced to the proposed action and the
[[Page 9665]]
status quo. However, the Council and the States still considered a
range of alternatives that could have similarly improved angler
enjoyment of participation in the fisheries while simultaneously
protecting halibut and co-occurring groundfish species from
overharvest. In 2010, 202 non-trawl vessels landed 1.6 million lbs of
Pacific halibut and earned $6.5 million in ex-vessel revenues from
prices that averaged just over $4.00 per pound. In 2011, the non-tribal
commercial fleet (excluding trawlers), landed about 1.1 million lbs,
earning $6.0 million in ex-vessel revenues, from prices that averaged
$5.30 per pound. Preliminary data, complete through November of 2012,
shows 234 vessels landing 1.0 million lbs, earning $5.0 million in ex-
vessel revenues, and an average price of $4.70 per pound. Total ex-
vessel revenues including tribal revenues were $7.8 million in 2010,
$8.0 million in 2011, and through November 2012, $7.0 million.
The Pacific Fishery Management Council analyzed 2006-2010
recreational activity. (See discussion under 3.2.1.4 Recreational
Fisheries-Final Environmental Impact Statement (FEIS) for Proposed
Harvest Specifications and Management Measures for the 2013-2014
Pacific Coast Groundfish Fishery and Amendment 21-2 to the Pacific
Coast Fishery Management Plan). The data that underlie the Council's
analysis indicates that the years, the total number of directed charter
and private halibut trips has ranged from 19,000 (2009) to 26,000 trips
(2007 & 2008). (This data are trips are based on recreational activity
from Northern California to the Canadian border.) Anglers also take
halibut in conjunction with salmon and bottomfish recreational trips.
Over the 2006-2010 period, the total number of directed and private
recreational trips including directed halibut trips has ranged from
216,000 trips (2008) to 354,000 trips (2009). Over these years,
directed halibut trips had averaged about 8% of all trips, but have
been as high as 12% in 2008 when there was a significant decline in
salmon trips. In 2010, charterboat vessels undertook about 5500
directed halibut trips. The highest charterboat rate found on the
internet was $285 per angler trip. Using this rate suggests that
charterboat halibut rate revenues were on the order of $1.6 million.
This estimate does not include revenues associated with halibut caught
in conjunction with salmon, bottomfish, or other recreational trips.
The FEIS provides information to project amount of economic impact
generated from halibut fisheries. Estimates of groundfish revenues and
recreational trips can be related to personal income projections. Based
these relationships, $8 million in halibut ex-vessel revenues and
26,000 in recreational trips lead to an estimate of $14 million in
personal income. Personal income is considered a key indicator of
economic activity, and is used in economic analysis to evaluate
distributional effects on local and regional economies associated with
changes in regulations. Income impacts include the amount of employee
salaries and benefits, business owner (proprietor) income, and
property-related income (rents, dividends, interest, royalties, etc.)
that result from commercial fishing and recreational expenditures. The
proposed changes to the Plan and regulations do not include any
reporting or recordkeeping requirements. These changes will not
duplicate, overlap or conflict with other laws or regulations. These
changes to the Plan and annual domestic Area 2A halibut management
measures are not expected to meet any of the RFA tests of having a
``significant'' economic impact on a ``substantial number'' of small
entities because the changes will not affect overall allocations. They
are designed to provide the best fishing opportunities within the
overall TAC. The major effect of halibut management on small entities
will be from the internationally set TAC decisions made by IPHC. Based
on the recommendations of the states, the Council and NMFS propose
minor changes to the Plan to provide increased recreational and
commercial opportunities under the allocations that result from the
TAC. There are no large entities involved in the halibut fisheries;
therefore, none of these changes will have a disproportionate negative
effect on small entities versus large entities. Based on the economic
dimensions of the fishery, these minor proposed changes to the Plan are
not expected to have a significant economic impact on a substantial
number of small entities. Nonetheless, NMFS has prepared an IRFA.
Because the goal of the proposed action is to maximize angler
participation, and thus to maximize the economic benefits of the
fishery, and the action is not expected to have a significant economic
impact, NMFS did not analyze alternatives other than the proposed
changes and the status quo for purposes of the IRFA. Through this
proposed rule, NMFS requests comments on this conclusion.
Pursuant to Executive Order 13175, the Secretary recognizes the
sovereign status and co-manager role of Indian tribes over shared
Federal and tribal fishery resources. Section 302(b)(5) of the
Magnuson-Stevens Fishery Conservation and Management Act establishes a
seat on the Pacific Council for a representative of an Indian tribe
with federally recognized fishing rights from California, Oregon,
Washington, or Idaho.
The U.S. Government formally recognizes that 13 Washington Tribes
have treaty rights to fish for Pacific halibut. In general terms, the
quantification of those rights is 50 percent of the harvestable surplus
of Pacific halibut available in the tribes' usual and accustomed (U and
A) fishing areas. Under the Plan, the tribal fishery is allocated a
percentage of the Area 2A TAC. Tribal fishing areas for purposes of the
halibut fishery are described at 50 CFR 300.64. Each of the treaty
tribes has the discretion to administer their fisheries and to
establish their own policies to achieve program objectives.
Accordingly, tribal allocations and regulations, including the proposed
changes to the Plan, have been developed in consultation with the
affected tribe(s) and, insofar as possible, with tribal consensus.
NMFS NWR initiated consultation on the halibut fishery under
Section 7 of the Endangered Species Act (ESA) following the listing of
yelloweye, canary, and bocaccio rockfish of the Puget Sound/Georgia
Basin. Area 2A partially overlaps with the Distinct Population Segments
(DPSs) for listed rockfish. At this time the consultation is not
completed. NMFS has prepared a 7(a)(2)/7(d) determination memo under
the (ESA) finding that bycatch in the 2013 fishery is not likely to
result in a significant impact on listed species, that direct effects
of the fishery (e.g. direct takes) are not likely to jeopardize the
continued existence of any listed species, and that in no way will the
2013 fishery make an irreversible or irretrievable commitment of
resources by the agency.